Codification through the 2012 legislative session. Subchapter 7 Board adoption- February 24, 2012 Gubernatorial approval- April13, 2012 Legislative approval and final adoption- May 1, 2012 Effective date- July 1, 2012

TITLE 252. DEPARTMENT OF ENVIRONMENTAL QUALITY CHAPTER 4. RULES OF PRACTICE AND PROCEDURE

Subchapter Section 1. General Provisions

.................................................... 252:4-1-1 3. Meetings and Public Forums

............................................ 252:4-3-1 5. Rulemaking

......................................................... 252:4-5-1 7. Environmental Permit Process

........................................... 252:4-7-1 9. Administrative Proceedings

............................................. 252:4-9-1 11. Complaint Processing.

. .............................................. 252:4-11-1 13. Environmental Education Grants

........................................ 252:4-13-1 15. Local Project Funding

................................................ 252:4-15-1 17. Electronic Reporting

................................................. 252:4-17-1

Appendix A. Petition for Rulemaking Before the Environmental Quality Board Appendix B

. Petition for Declaratory Ruling Appendix C. Permitting Process Summary Appendix D

. Style ofthe Case in an Individual Proceeding Appendix E. Electronic Signature Agreement

1SUBCHAPTER 1. GENERAL PROVISIONS



### Section 252:4-1-1. Purpose and authority 252:4-1-2. Definitions 252:4-1-3. Organization 252:4-1-4. Office location and hours; communications 252:4-1-5. Availability ofa record 252:4-1-6. Administrative fees 252:4-1-7. Fee credits for regulatory fees 252:4-1-8. Board and Councils 252:4-1-9. Severability

252:4-1-1. Purpose and authority 

### (a) Purpose. 

### This Chapter describes the practices and procedures ofthe Environmental Quality Board, Advisory Councils, and the Department ofEnvironmental Quality. (b) Authority. 

### This Chapteris authorizedbytheAdministrativeProceduresAct, 75 O.S. § 

### 302, and the Environmental Quality Code, 27A O.S. § 

### 2-2-101.

252:4-1-2. Definitions 

### The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise: "Administratively complete" 

### means an application that contains the information specified in the application form and rules in sufficient detail to allow the DEQ to begin technical review. "Administrativehearing" 

### is defined at27A O.S. §

### 2-1-102 andis synonymouswith "individual proceeding" as that term is defined in the Administrative Procedures Act, 75 O.S. § 

### 250.1 et seq. "Administrative Law Judge" 

### is synonymous with "hearing examiner" as that term is defined in the Administrative Procedures Act. "Advisory Councils or Council" 

### means any of the following Councils: the Air Quality Advisory Council, the Hazardous Waste Management Advisory Council, the Laboratory Services Advisory Council, the Radiation Management Advisory Council, the Solid Waste Management Advisory Council, the Water Quality Management Advisory Council, and the Waterworks and Wastewater Works Operator Certification Advisory Council. "APA" 

### means the Oklahoma Administrative Procedures Act, 75 O.S. § 

### 250.1 et seq. "Application" 

### means "a document orset of documents,filed with the [DEQ],for thepurpose of receiving apermit or the modification, amendment or renewal thereof from the [DEQ]

... any subsequentadditions, revisions ormodificationssubmittedto the[DEQ] which supplement, correct

or amend apending application." 

### [27A O.S. § 

### 2-14-103(1)] "Board" 

### means the Environmental Quality Board. "Code" 

### means the Oklahoma Environmental Quality Code, 27A O.S. § 

### 2-1-101 et seq. "Complaint" 

### means any written or oral information submitted to DEQ alleging site-specific environmental pollution except information gained from facility inspections, or self-reported incidents. "Department or DEQ" 

### means the Department ofEnvironmental Quality. "Enforcement action" 

### means: (A) a written communication from the DEQ to an alleged violator that identifies the alleged violations and directs or orders that the violations be corrected and/or their effectremedied; (B) an administrative action to revoke or suspend a permit or license; (C) a consent order or proposed consent order; (D) a civil petition, a complaint in municipal court, or a complaint in federal district court; (E) a referral by the DEQ to the Oklahoma Attorney General's office, a state District Attorney's office, a U.S. Attorney's office, or a state or federal law enforcement agency for investigation. "Executive Director" 

### means the Executive Director of the Department of Environmental

2Quality. 

### "False complaint" means any written or oral information submitted to DEQ alleging sitespecific environmental pollution by a person who knowingly and willfully gives false information

or misrepresents material information. 

### "Individual proceeding" is defined in the APA [75 O.S. § 250.3(7)]. It includes an administrative evidentiary hearing to resolve issues oflaw or fact between parties, resulting in an order. 

### "Mediation" means a voluntary negotiating process in which parties to a dispute agree to use

a mediator to assist them injointly exploring and settling their differences, with a goal ofresolving their differences by a formal agreement created by the parties. 

### "Notice of deficiencies" means a written notice to an applicant, describing with reasonable specificity the deficiencies in a permit application and requesting supplemental information. 

### "Off-site", as used in hazardous waste, solid waste and Underground Injection Control (UIC) tierclassifications,means a facilitywhichreceiveswaste fromvarious sources for treatment, storage, processing, or disposal. 

### "On-site", as used inhazardous waste, solidwaste andUIC tier classifications, means a facility owned and operated by an industry for the treatment, storage, processing, or disposal ofits own waste exclusively. 

### "Program" means a regulatory section or division ofthe DEQ. 

### "Respondent" means a person or legal entity against whom reliefis sought. 

### "Submittal" means a document or group ofdocuments provided as part ofan application. 

### "Supplement" means aresponseto arequestfor additionalinformationfollowing completeness and technical reviews, and information submitted voluntarilyby the applicant. 

### "Technical review" means the evaluation of an application for compliance with applicable
program rules.



### 252:4-1-3. Organization (a) 

### Environmental Quality Board. The Environmental Quality Board consists ofthirteen (13) members, appointed by the Governor with the advice and consent ofthe Senate, selected from the environmental profession, general industry, hazardous waste industry, solid waste industry, water usage, petroleum industries, agriculture industries, conservation districts, local city or town governments,ruralwaterdistricts, and statewidenonprofitenvironmental organizations. (Seefurther 27A O.S. § 2-2-101.) (b) 

### Advisory Councils. There are seven advisory councils, each consisting ofnine (9) members appointedbythe Speaker ofthe House ofRepresentatives, the President Pro Tempore ofthe Senate

or the Governor. (See further 27A O.S. § 2-2-201 and 59 O.S. § 1101 

### et seq.) (c) 

### DEQ. TheDEQ consists ofthe following divisions: Administrative Services, AirQuality, Land Protection, Water Quality, Environmental Complaints and Local Services, Customer Services and the State Environmental Laboratory.



### 252:4-1-4. Office location and hours; communications (a) 

### Office location and hours. The principal office ofthe DEQ is 707 N. Robinson, Oklahoma City, Oklahoma 73102. The mailing address is P.O. Box 1677, Oklahoma City, Oklahoma73101- 1677. Office hours are from 8:00a.m. to 4:30p.m., Mondaythrough Friday except state holidays. (b) 

### Communications. Unless a person is working with a particular person or departmental area, written communication to the DEQ shall be addressed to the Executive Director. ( 1) 

### Board. Communications to the Board maybe made through the Executive Director. (2) 

### Council. Communications to a Council maybe made through the Division Director ofthe
program with which the Council works.



### 252:4-1-5. Availability ofa record (a) 

### Availability. Records ofthe Board, Advisory Councils, and DEQ, not otherwise confidential

or privileged from disclosure by law, shall be available to the public for inspection and copying at the DEQ's principal office during normal business hours. Information, data ormaterials required to

3be submitted to the DEQ in a permit application process shall be made available to the public in accordance with the Oklahoma Uniform Environmental Permitting Act (27A O.S. § 2-14-101 et seq.) and the rules in this Chapter. The DEQ maytake reasonable precautions in orderto ensure the safety and integrity ofrecords under its care. (b) Removal. A record may be removed from the DEQ's offices or storage areas only with prior authorization from and under the supervision ofthe Records Coordinator or his/her designee. (c) Reproduction. (1) By DEQ. The DEQ may limit the number of copies made and the time and personnel available for reproduction ofrecords requested by a member ofthe public. (2) Commercial reproduction. With advance notice to the DEQ, a personmayarrange for the pick-up, reproduction and return ofrecords by a commercial copying service at his/her own expense, only ifthe Records Coordinator orhis/her designee determines that the DEQ's staffor equipment is inadequate to perform all or part ofthe project. (3) Other. WithpriorDEQ approval, apersonmaybring in anduse his/her own copymachine. (d) Confidentiality. Any person asserting a claim ofconfidentiality for any document submitted
to the Board, Council or DEQ must substantiate the claim upon submission. The DEQ will make

a determination on the claim and notify the person asserting the claim within a reasonable time. Each program mayhave more specific requirements, as required by state law or federal rule. [See 27A O.S. § 2-5-105(18) and 40 CFR § 2 Subpart B, particularly§ 2.301 (Clean Air Act),§ 2.302 (Clean Water Act), § 2.304 (Safe Drinking Water Act), § 2.305 (Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act), and § 2.310 (Comprehensive EnvironmentalResponse, Compensation, andLiabilityAct, as amendedbySuperfundAmendments and Reauthorization Act)]. (e) Certification. Copies of official records of the Board, Advisory Councils or DEQ may be certified by the Executive Director or his/her designees. (f) Charge. The DEQ's administrative fee schedule applies to in-house copying orreproduction of records for or bymembers ofthe public.

252:4-1-6. Administrative fees (a) Photocopying and faxing. The fee for copying orfaxing letter or legal sizedpaperis $0.25 per page after the first ten pages. (b) Certified copy. The fee for a certified copy ofa document is $1.00 per document. (c) Searchfee. Whentherequestis solelyfor commercialpurpose orclearlywouldcause excessive disruption ofthe DEQ's essential functions, the document search fee is as follows: (1) 0- 15 minutes, no charge; (2) 16- 30 minutes, $5.00; (3) every subsequent 30-minute increment or portion thereof, $5.00. (d) Regular mail or overnight carrier. The fee for mailing eleven or more sheets ofreproduced DEQ records byregular mail is the cost ofpostage. The fee for sending a package ofreproduced DEQ records by overnight carrier is the cost ofdelivery. (e) Compact Disc. Ifthe DEQ provides the compact disc ("CD"), the fee for copying from CD to CD or from database to CD is $1.00 per CD, plus an additional $1.00 per CD for ink-jet labeling.

252:4-1-7. Fee credits for regulatory fees (a) The Executive Director may authorize Divisions ofthe DEQ which have programs that collect recurring fees to apply a credit towards certain future invoices for those fees. The credit must be applied only within the program from which the carryover fees are derived. Only the amount that is projected to exceed three months offunding beyond the upcoming budget year for that program

can be credited. A summary ofany credit applied shall be reported to the Environmental Quality Board. For a credit to be applied: (1) there must be a projected balance in the fee account carried over from the previous year; (2) the credit must be distributable pro rata among the fee payers; (3) the credit must be large enough to justifyits administrative cost; and (4) the Divisionmustbeunaware ofa longer-rangeneed, such as matchfor a superfund clean-up

4project. (b) The DEQ shall explain on the invoices that a carryover exists and that an identified one-time credit is being applied.

252:4-1-8. Board and Councils (a) Officers. A chair ofthe Board shall not serve as chairfor more than three (3) consecutive years. Officers ofa Council may succeed themselves as officers at the discretion ofa Council. (b) Committees. Ad hoc committees may be appointed to assist the Board or a Council for any lawful purpose.

252:4-1-9. Severability The provisions ofOAC 252 are severable, and ifanypart or provisionhereofshall be heldvoid, the decision ofthe court so holding shallnot affect orimpair anyofthe remainingparts orprovisions ofOAC 252.

SUBCHAPTER 3. MEETINGS AND PUBLIC FORUMS

Section 252:4-3-1. Meetings 252:4-3-2. Public forums

252:4-3-1. Meetings (a) Board. The Board shall hold at least three regularly scheduled meetings per calendar year and mayhold other meetings as it deems necessary. (b) Council. Each council shall hold at least one regularly scheduled meeting per calendar year, exceptthe Air QualityAdvisoryCouncilwhich shallhold at leasttwo regularly scheduledmeetings. (c) Location. The Board or a Council maymeet at any location convenient and open to the public in this state to encourage public participation in the environmental rulemaking process. (d) Agenda. The proposed agenda ofa meetingmaybe developed with the advice ofmembers and modified bythe Chair. Time permitting, a copy ofthe proposed agenda shall be sent to each Board

or Council member at least ten (1 0) calendar days before a regularly scheduledmeeting. The Board

or Council may, by majority vote during a meeting, continue an agenda item to or specifY a new agenda item for another meeting or forum. (e) Public comment. The agenda shall reserve time during the meeting for public comment on agenda action items. The DEQ shall provide sign-in sheets at each meeting for persons who wish
to present written or oral comment on an agenda action item. The Chair reserves the right to rearrange the agendaitems during the meetingto accommodatepublic comment. The Chairmayset reasonable time limits on oral comment and may accept written submittals onbehalfofthe Council

or the Board.

252:4-3-2. Public forums (a) Generally. A public forum for receiving public comments and dissemination ofinformation maybe held in conjunction with a Council or Board meeting but shall be a separate meeting. (b) Location. Each forum maybe held at a different location in the state. (c) Format. The forum shall be conducted by the Chair or the Chair's designee. (d) Public comment. The DEQ shall provide sign-in sheets at each meeting for persons who wish
to presentwritten or oral comments. The Chairmay setreasonable time limits on oral comment and may accept written submittals on behalfofthe Council or the Board.

SUBCHAPTER 5. RULEMAKING

Section 252:4-5-1. Adoption and revocation 252:4-5-2. Rule development

5252:4-5-3. Petitions for Rulemaking 252:4-5-4. Notice ofpermanent rulemaking 252:4-5-5. Rulemaking hearings 252:4-5-6. Council actions 252:4-5-7. Presentation to Board 252:4-5-8. Board actions 252:4-5-9. Rulemaking record

252:4-5-1. Adoption and revocation The Boardhas the authorityto adopt new or amended emergencyorpermanentrules andrevoke existing rules within itsjurisdiction.

252:4-5-2. Rule development (a) DEQ. The DEQ maybegin the development ofrules at the request ofor onbehalfofthe Board

or a Council or upon petition by an interested person. The DEQ may appoint committees to assist in the development ofrules. (b) Public. Any person may informally discuss proposed rules with the DEQ or may suggest proposedrules during a councilmeeting. Also, anypersonmayfile apetitionwiththe DEQ formally requesting the adoption, amendment, or revocation ofone or more rules.

252:4-5-3. Petitions for rulemaking (a) Form and contentofpetition. Rulemakingpetitions shallbeinwriting andfiledwiththeDEQ. Thepetition shall include the information and follow the format in Appendix A ofthis Chapter. The DEQ shall provide a copy ofthe filed petition to the Board. (b) Referral. The DEQ shall refer a filed petition to the appropriate Council or, ifnone, to the appropriate DEQ program for review. A petitionreferred to a Council shall be set on the agenda of the next available Council meeting for action. (c) Status. The DEQ shall advise the Board ofthe status ofrulemaking petitions.

252:4-5-4. Notice ofpermanent rulemaking TheDEQ shall submitnotices of proposedpermanentrulemakingto the Office of Administrative Rules for publication in accordance with the APA and the Administrative Rules on Rulemaking (OAC 655:10).

252:4-5-5. Rulemaking hearings (a) Hearing. Hearings before a Council orthe Board shall be conductedbythe Chair orthe Chair's designee. (b) Public comments. The public maymake comments orally at the hearing or submit comments inwriting bythe end ofthe specifiedpublic commentperiod, orboth. Persons wishing to comment orallymayberequired to fill out a writtenrequest form. The person conducting the hearing mayset reasonable time limits onoralpresentations,mayexcluderepetitive orirrelevant comments andmay require that oral presentations be submitted in writing. (c) Public comment period. The commentperiod shall end at the conclusion ofthe hearing ifthe agenda indicates that the Council intends to make a final recommendation on the rules or that the Board intends to take a final action on the rules. Otherwise, the comment period maybe extended by the person conducting such hearing for no more than thirty (30) calendar days after the hearing

or until the close ofthe hearing, ifcontinued. (d) Summary of comments. The DEQ shall maintain a summary of comments received on proposed rules during written comment periods. The summary shall be provided to the Council or Board prior to taking final action on the rule. (e) Hearing continuation. A Council or the Board may continue the hearing by majority vote. Notice ofthe continuation shall be announced at the hearing and shall not require publication.

252:4-5-6. Council actions

6(a) Contents of recommendation. On behalf of a Council, the DEQ shall prepare a recommendation submittal onproposedpermanentrules, which shallincludethe text oftheproposed rules, a summary ofpertinent minutes ofCouncil meetings, and a summary ofcomments received. Recommendations may also be made for rules with a finding of emergency. The Council may recommend that any proposed rule be adopted by the Board on a permanent and emergencybasis simultaneously. (b) On remand. The Council shall reconsider any rulemaking recommendation remanded by the Board.

252:4-5-7. Presentation to Board (a) Compliance with APA. When proposed rules are presented to the Board, the DEQ shall indicate the rulemaking procedures which have been followed. (b) Board packets. The DEQ shall prepare a boardpacket consisting ofthe text ofproposedrules,

anexecutive summary, arule impactstatement, aneconomicimpact/environmentalbenefitstatement (if applicable), a summary of comments received on proposed rules at rulemaking hearings and duringwrittencommentperiods, the Council'srecommendations anda summaryof pertinentCouncil meeting minutes (if applicable). The Board packets shall be sent to members with the proposed agenda ofthe Boardmeeting atwhichrules are to be considered. Boardpackets for emergencyrules
may vary.

252:4-5-8. Board actions (a) Referral. TheBoardmayrefer anyrulemakingmatterto the DEQ or an appropriate Council for review, comment or recommendation. (b) Proposedpermanentrules. TheBoardwillnotconsiderproposedpermanentrules for adoption without the appropriate Council's recommendation except those rules for which no council has jurisdiction. (c) Proposed emergency rules. The Board may adopt emergency rules without the advice of a Council in accordance with 27A O.S. § 2-2-101. (d) Final language ofrules. Therules adopted orrepealedbythe Boardmayvaryfrom the Council recommendationexceptforrulesrecommendedbytheAirQualityCouncil. (See further, Oklahoma Clean Air Act at 27A O.S. § 2-5-106.) (e) Remand. The Boardmayremand a Council'srulemakingrecommendation for reconsideration. (f) Noticeto Council. TheDEQ shallprovideeachCouncilwithcopiesofemergencyrules adopted by the Board without the Council's recommendation and ofany rules adopted by the Board which
vary from that Council's recommendation.

252:4-5-9. Rulemaking record The DEQ shall maintain a rulemaking record on all rules adopted or revoked by the Board.

SUBCHAPTER 7. ENVIRONMENTAL PERMIT PROCESS

PART 1. THE PROCESS

Section 252:4-7-1. Authority 252:4-7-2. Preamble 252:4-7-3. Compliance 252:4-7-4. Filing an application 252:4-7-5. Fees 252:4-7-6. Receipt ofapplications 252:4-7-7. Administrative completeness review 252:4-7-8. Technical review 252:4-7-9. When review times stop 252:4-7-10. Supplemental time

7252:4-7-II. 252:4-7-12. 252:4-7-13. 252:4-7-14. 252:4-7-15. 252:4-7-16. 252:4-7-17. 252:4-7-18. 252:4-7-19.

252:4-7-31. 252:4-7-32. 252:4-7-33. 252:4-7-34. Extensions Failure to meet deadline Notices Withdrawing applications Permit issuance or denial Tier II and III modifications Permit decision-making authority Pre-issuance permit review and correction Consolidation ofpermitting process



### PART 3. AIR QUALITY DIVISION TIERS AND TIME LINES

Air quality time lines Air quality applications

- Tier I Air quality applications

- Tier II Air quality applications

- Tier III



### PART 5. LAND PROTECTION DIVISION TIERS AND TIME LINES

252:4-7-51. 252:4-7-52. 252:4-7-53. 252:4-7-54. 252:4-7-55. 252:4-7-56. 252:4-7-57. 252:4-7-58. 252:4-7-59. 252:4-7-60. 252:4-7-61. 252:4-7-62. 252:4-7-63.

252:4-7-71. 252:4-7-72. 252:4-7-73. 252:4-7-74. 252:4-7-75. 252:4-7-76. 252:4-7-77. 252:4-7-78. Waste management time lines Hazardous waste management applications

- Tier I Hazardous waste management applications

- Tier II Hazardous waste management applications

- Tier III Radiation management applications

- Tier I Radiation management applications

- Tier II Radiation management applications

- Tier III Solid waste management applications

- Tier I Solid waste management applications

- Tier II Solid waste management applications

- Tier III Brownfields applications- Tier I [REVOKED] Brownfields applications- Tier II [REVOKED] Brownfields applications- Tier III [REVOKED]



### PART 7. WATER QUALITY DIVISION TIERS AND TIME LINES

Water quality time lines Laboratory certification applications

- Tier I Water quality applications

- Tier I Water quality applications

- Tier II Water quality applications

- Tier III UIC applications-Tier I UIC applications

- Tier II UIC applications

- Tier III



### PART 1. THE PROCESS

252:4-7-1. Authority Therules in this Subchapterimplementthe OklahomaUniformEnvironmental Permitting Act, 27A O.S. § 2-14-101 

### et seq., and apply to applicants for and holders ofDEQ permits and other authorizations.



### 252:4-7-2. Preamble The Uniform Environmental Permitting Act requires that DEQ licenses, permits, certificates, approvals and registrations fit into an application category, or Tier, established under the uniform environmental permitting rules. Tier I is the category for those things that are basically

8administrative decisions which can be made by a technical supervisor with no public participation except for the landowner. TierII is the category for those permit applications thathave somepublic participation (notice to the public, the opportunity for a public meeting and public comment), and the administrative decision is madebythe Division Director. TierIII is the categoryfor those permit applications thathave extensivepublicparticipation(noticeto thepublic, the opportunityfor apublic meeting andpublic comment, andthe opportunityfor an administrative evidentiaryhearing), andthe administrative decision is made by the Executive Director.

252:4-7-3. Compliance Applicants and permittees are subject to the laws and rules ofthe DEQ as they exist on the date offiling an application and afterwards as changed.

252:4-7-4. Filing an application (a) Tier I. The applicant shall file (2) copies ofa Tier I application unless the application form or instructions specifies that only one (1) copy is needed. Applicants seeking permits for alternative individual on-site sewage disposal systems and alternative small public on-site sewage disposal systems (OAC 252:641) shall file one copy with the local DEQ office for the county in which the real property is located. (b) Tier 

### II & 

### III. The applicant shall file three (3) copies ofTier II and Tier III applications with the DEQ andplace one (1) copy for public review inthe countyinwhich the site, facility or activity is located.

252:4-7-5. Fees Fees shallbe submittedwiththe application and, except as hereinprovided, willnotberefunded.

252:4-7-6. Receipt ofapplications When an application and appropriate fee are received, each program shall: ( 1) file stamp the application with the date ofreceipt, the Division and/orprogramname and an identification number; (2) assign the application to a permit reviewer; and (3) enter this information in a database or log book.

252:4-7-7. Administrative completeness review Thereviewer shall have 60 calendar days from the file-stamped date offiling to determine ifthe application is administratively complete. (1) Not complete. Ifthe reviewer decides that the application is not complete, he/she shall immediatelynotifythe applicantbymail, describing withreasonable specificitythe deficiencies and requesting supplemental information. The reviewer may continue to ask for specific informationuntil the applicationis administrativelycomplete. Ifthereviewer does notnotifYthe applicant of deficiencies, the period for technical review shall begin at the close of the administrative completeness review period. (2) Complete. When the application is administratively complete, the reviewer shall enter the date in the database or log book and immediatelynotifY the applicant bymail. The period for technical review begins.

252:4-7-8. Technical review (a) Each program shall have the time period specified in Parts 3 through 5 ofthis Subchapter to review each application for technical compliance with the relevant rules and to reach a final determination. Ifthe data in the application does not technically comply with the relevant rules or law, the reviewer may notifY the applicant by mail, describing with reasonable specificity the deficiencies and requesting supplemental information. (b) Anyenvironmentalpermitthatis not describedinthis Subchapter shallbereviewedwith all due and reasonable speed.

9

### 252:4-7-9. When review times stop The time period for review stops during: (1) litigation; (2) public review and participation, including waiting periods, comment periods, public meetings, administrative hearings, DEQ preparation ofresponse to comments and/orreviewby
state or federal agencies; (3) requests for supplemental information; and (4) the time in which an applicant amends his/her application ofhis/her own accord.



### 252:4-7-10. Supplemental time The Notice ofDeficiencies and request for supplemental information may state that up to 30 additional calendardays maybeaddedto the applicationprocessingtime. Requests for supplemental information may also state that additional days for technicalreview equal to the number ofdays the applicant used to respond maybe added to the review time.



### 252:4-7-11. Extensions Extensions to the time lines ofthis Subchapter shall only be made by agreement or when the Executive Director certifies that circumstances outside the DEQ's control, including acts ofGod, a substantial andunexpected increase in the number ofapplications filed, or additional review duties imposed on the DEQ from an outside source, prevent the reviewer from meeting the time periods.



### 252:4-7-12. Failure to meet deadline Where failure to meet a deadline is imminent, then: (1) At least thirty (30) calendar days prior to the deadline the DEQ shall reassign staffand/or retain outside consultants to meet such deadline; or (2) The applicant may agree to an extension oftime for a specific purpose and period oftime with refund ofthe entire application fee, unless a refund is prohibited by law.



### 252:4-7-13. Notices (a) 

### Statutory requirements for notice. The Uniform Environmental Permitting Act requires an applicant to give notice in accordance with 27A O.S. § 2-14-301. (b) 

### Notice to landowner. Applicants shall certifyby affidavit thatthey ownthe real property, have

a current lease or easement which is given to accomplish the permitted purpose or have provided legal notice to the landowner. (c) 

### Notice content. The applicant shall provide DEQ with a draft notice for approval prior to publication. All published legal notice(s) shall contain the: (1) Name and address ofthe applicant; (2) Name, address and legal description ofthe site, facility and/or activity; (3) Purpose ofnotice; (4) Type ofpermit or permit action being sought; (5) Description ofactivities to be regulated; 

### (6) Locations where the application maybe reviewed; (7) Names, addresses and telephone numbers of contact persons for the DEQ and for the applicant; 

### (8) Description ofpublicparticipation opportunities andtime period for comment andrequests; and 

### (9) Any other information required by DEQ rules. (d) 

### Proofofpublication. Within twenty (20) days after the date ofpublication, an applicant shall provide the DEQ with a written affidavit ofpublication for each notice published. In case of a mistake in a published notice, the DEQ shall require a legal notice ofcorrection orrepublication of the entire notice, whichever is appropriate. Inconsequential errors in spelling, grammar or punctuation shall not be cause for correction or republication. (e) 

### Exception to notice requirement. Applicants for solid waste transfer station permits maybe exempt from public meeting requirements under 27A O.S. § 2-10-307.

10(f) 

### Additional notice. (1) Applicants for a NPDES, RCRA or UIC permit are subject to additional notice provisions offederal requirements adopted byreference as DEQ rules. (2) Applicants for a proposed wastewater discharge permit that may affect the water quality of

aneighboring statemust give writtennoticeto the environmentalregulatoryagencyofthat state. [27A O.S. § 2-5-112(E)] (3) Applicants for a landfill permit shall provide notice by certified mail, return receipt requested, to owners ofmineral interests and to adjacent landowners whose property may be substantially affected by installation of a landfill site. See 

### DuLaney v. OSDH, 868 P.2d 676 (Okl. 1993). (g) 

### Additional notice content requirements for Clean Air Act Permits. In addition to the notice provisions of27 A O.S. §§ 2-14-301 and2-14-302 and otherprovisions ofthis section, the following requirements apply. ( 1) Applicants shall give notice bypublicationin a newspaper ofgeneral circulation inthe area where the source is located; to persons on a mailing list developed bythe DEQ, including those who request in writing to be on the list; and by other means if determined by the Executive Director to be necessary to assure adequate notice to the affected public. (2) Allpublishednotice(s) forpermitmodification shall identifythe emissions change involved in the modification. (3) An applicant for a Part 70 permit that may affect the air quality ofa neighboring state must give writtennoticeto the environmentalregulatoryagencyofthat state. [27A O.S. § 2-5-112(E)] (4) An operating permit may be issued to an applicant for a new Part 70 operating permit without public review ifthe operating permit is based on a construction permit that meets the requirements of252:4-7-32(b)(1)(B) and the public notice for the construction permit contains the following language. (A) This permit is subject to EPAreview, EPA objection, and petition to EPA, as provided by 252:100-8-8 and 40 CFR § 70.8. (B) Ifthe operatingpermithas conditionswhich do not differ from the constructionpermit's operating conditions in any way considered significant under 252:100-8-7.2(b)(2), the operating permit will be issued without public notice and comment; and, (C) Thepublic willnotreceive anotheropportunityto providecommentswhenthe operating permit is issued.



### 252:4-7-14. Withdrawing applications (a) 

### By applicant. An applicantmaywithdraw an application at anytime with written notice to the DEQ and forfeiture offees. (b) 

### By DEQ. Except for good cause shown, when an applicant fails to supplement an application within 180 days after the mailing date ofa Notice ofDeficiencies, or by an agreed date, the DEQ shall void the application. The DEQ shall notifY the applicant ofan opportunityto show cause why this should not occur.



### 252:4-7-15. Permit issuance or denial (a) 

### Compliance required. A new, modified orrenewedpermit orother authorization soughtbythe applicant shall not be issued until the DEQ has determined the application is in substantial compliance with applicable requirements ofthe Code and DEQ rules. (b) 

### Conditions for issuance. The Department may not issue a new, modified or renewed permit

or other authorization sought by the applicant if: (1) The applicant has notpaid all monies owed to the DEQ or is not in substantial compliance with the Code, DEQ rules and the terms ofanyexisting DEQ permits and orders. The DEQ may impose special conditions on the applicant to assure compliance and/or a separate schedule which the DEQ considers necessary to achieve required compliance; or (2) Material facts were misrepresented or omitted from the application and the applicantknew

or should have known ofsuch misrepresentation or omission. (c) 

### Burden ofpersuasion. The applicantbears the burden ofpersuading the agencythatthe permit

11should issue. Title 75 O.S. § 307 is the appropriate mechanism to address any alleged failure bythe DEQ to conform the issuance or denial ofthe permit to the requirements ofa Final Order.



### 252:4-7-16. Tier II and III modifications ForTierII and III permit modification actions, only those issues relevant to the modification(s) shall be reopened for public review and comment.



### 252:4-7-17. Permit decision-making authority (a) 

### Designated positions. The Executive Director may delegate in writing the power and duty to issue, renew, amend, modifY and deny permits and take other authorization or registration action. Unless delegated to a Division Director by formal assignment or rule, the authority to act on Tier I applications shall be delegated to positions within each permitting program having technical supervisory responsibilities and, for local actions authorized by law, to environmental specialist positions held by the DEQ's local services representatives. The authority to act on emergency permits orTierII applications shallbedelegatedto the DivisionDirectorofthe applicablepermitting division. (b) 

### Revision. The Executive Director may amend any delegation in writing.



### 252:4-7-18. Pre-issuance permit review and correction (a) 

### Applicant review. The DEQ may ask an applicant to review its permit for calculation and clerical errors or mistakes offact or law before the permit is issued. (b) 

### Correction. The DEQ may correct any permit before it is issued. (1) 

### Notice of significant corrections. For permits based on Tier II and III applications, an applicant shallpublish legal notice in onenewspaper local to the site ofanycorrection orchange proposed by the DEQ which significantly alters a facility's permitted size, capacity or limits. (2) 

### Comments. The DEQ may open a public comment period and/or reconvene a public meeting and/oradministrativehearingto receivepubliccomments ontheproposedcorrection(s).



### 252:4-7-19. Consolidation ofpermitting process (a) 

### Discretionary. Whenever an applicant applies for more than one permit for the same site, the DEQ may authorize, with the consent of the applicant, the review of the applications to be consolidated so that each required draft permit, draft denial and/or proposed permit is prepared at the same time and public participation opportunities are combined. (b) 

### Scope. When consolidation is authorized by the DEQ: (1) The procedural requirements for the highest specified tier shall apply to each affected application. (2) The DEQ may also authorize the consolidation ofpublic comment periods, process and public meetings, and/or administrative permit hearings. (3) Final permits maybe issued together. (c) 

### Renewal. The DEQ may coordinate the expiration dates ofnewpermits issued to an applicant for the same facility or activity so that all the permits are ofthe same duration. (d) 

### Multiple modifications. Subsections (a) and (b) ofthis section shall also applyto multiple Tier II and III applications for permit modifications.



### PART 3. AIR QUALITY DIVISION TIERS AND TIME LINES

252:4-7-31. Air quality time lines The following air qualitypermits and authorizations shall betechnicallyreviewed and issued or denied within the time frames specified below. (1) Construction permits: (A) PSD and Part 70 Sources

- 365 days. (B) Minor Facilities

- 180 days. (2) Operating permits: (A) Part 70 Sources

- 540 days.

12

### (B) Minor Facilities

- 365 days. (3) Relocation permits

- 30 days.

252:4-7-32. Air quality applications- Tier I (a) Minorfacility permits. Thefollowing airqualityauthorizations forminorfacilities require Tier I applications. (1) New permits. New construction, operating and relocation permits. (2) Modifications ofpermits. (A) Modification ofa construction permit for a minor facility that will remain minor after the modification. (B) Modification ofan operatingpermitthatwillnot change the facility's classification from minor to major. (C) Extension ofexpiration date ofa construction permit. (b) Part 70 source permits. The following air quality authorizations for Part 70 sources require Tier I applications. (1) New permits. (A) New constructionpermitfor an existing Part 70 source for any change consideredminor under 252:100-8-7.2(b)(1). (B) New operating permit that: (i) is based on a constructionpermitthatwas processedunderTierII 

### or III, and 252:100- 8-8, and (ii) has conditions which do not differ from the construction permit's operating conditions in any way considered significant under 252:100-8-7.2(b)(2). (2) Modifications ofpermits. (A) Modification ofany operating permit condition that: (i) is based on the operating conditions of a construction permit that was processed under Tier II 

### or III, and 252:100-8-8, and (ii) does not differ from those construction permit conditions in any way considered significant under 252:100-8-7.2(b)(2). (B) A construction oroperatingpermitmodificationthatis minorunder252:100-8-7.2(b)(1). (C) Extension ofexpiration date ofa Part 70 source's construction permit with no or minor modifications. (c) Other authorizations. The following air quality authorizations require Tier I applications. (1) New, modified and renewed individual authorizations under general operating permits for which a schedule ofcompliance is not required by 252:100-8-5(e)(8)(B)(i). (2) Bum approvals. (3) Administrative amendments ofall air quality permits and other authorizations.

252:4-7-33. Air quality applications- Tier II (a) Minorfacilitypermitactions. Anyminorfacility seeking apermitfor amodificationthatwhen completedwouldtumitinto aPart70 sourceisrequiredto applyunder subsection (b) ofthis section. (b) Part 70 source permits. The following air quality authorizations for Part 70 sources require Tier II 

### applications. (1) New permits. (A) New construction permit for a new Part 70 source not classified under Tier III. (B) New construction permit for an existing Part 70 source for any change considered significant under 252:100-8-7.2(b)(2) and which is not classified under Tier III. 

### (C) New operating permit for a Part 70 source that did not have an underlying construction permit processed under Tier II 

### or III, and 252:100-8-8. (D) New operating permit with one or more conditions that differ from the underlying Tier II 

### or III construction permit's operating conditions in a way considered significant under 252: 100-8-7.2(b)(2). (E) New acid rain permit that is independent ofa Part 70 permit application. (F) New temporary source permit under 252:100-8-6.2.

13(2) Modifications ofpermits. (A) Significant modification, as described in 252:100-8-7.2(b)(2), ofan operating permit that is not based on an underlying construction permit processed under Tier II or III, and 252:100-8-8. (B) Modification of an operating permit when the conditions proposed for modification differ from the underlying construction permit's operating conditions in a way considered significant under 252:100-8-7.2(b)(2). (C) A construction permit modification considered significant under 252:100-8-7.2(b)(2) and which is not classified under Tier III. (3) Renewals. Renewals ofoperating permits. (c) Other authorizations. The following air quality authorizations require Tier II applications. (1) New, modified and renewed general operating permits. (2) Individual authorizations under any general operating permit for which a schedule of compliance is required by 252:100-8-5(c)(8)(B)(i). (3) Plant-wide emission plan approval under 252:100-37-25(b) or 252:100-39-460). (4) Alternative emissions reduction authorizations. (Also subject to state implementationplan revision procedures in 252: 1 00-11.)

252:4-7-34. Air quality applications- Tier 

### III (a) New major stationary sources. A construction permit for any new major stationary source listed in this subsection requires a Tier III application. For purposes of this section, "Major stationary source" means: ( 1) Any ofthe following sources ofair pollutants which emits, orhas the potential to emit, 100
tons per year or more ofany pollutant subject to regulation: (A) carbon black plants (furnace process), (B) charcoal production plants, (C) chemical process plants, (D) coal cleaning plants (with thermal dryers), (E) coke oven batteries, (F) fossil-fuel boilers (or combustion thereof),totaling more than 250 millionBTUperhour heat input, (G) fossil fuel-fired steam electricplants ofmore than 250 millionBTUperhourheatinput, (H) fuel conversion plants, (I) glass fiber processing plants, (J) hydrofluoric, sulfuric or nitric acid plants, (K) iron and steel mill plants, (L) kraft pulp mills, (M) lime plants, (N) incinerators, except where used exclusively as air pollution control devices, (0) petroleum refineries, (P) petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels, (Q) phosphate rock processing plant, (R) portland cement plants, (S) primary aluminum ore reduction plants, (T) primary copper smelters, (U) primary lead smelters, (V) primary zinc smelters, (W) secondary metal production plants, (X) sintering plants, (Y) sulfur recovery plants, or (Z) taconite ore processing plants, and (2) Any other source not specified in paragraph (1) ofthis definition which emits, or has the potential to emit, 250 tons per year or more ofany pollutant subject to regulation.

14

### (b) Existing incinerators. An application for any change in emissions or potential to emit, or any change in any permit condition, that would have caused an incinerator to be defined as a major stationary source when originally permitted shall require a Tier III application. (c) Potential to emit. For purposes ofthis section, "potential to emit" means emissions resulting from the application ofall enforceable permit limitations as defined in OAC 252:100-1-3.

PART 5. LAND PROTECTION DIVISION TIERS AND TIME LINES

252:4-7-51. Waste management time lines The Land Protection Division shall technically review applications and issue or deny permits within the following periods oftime: (1) Except as identified in paragraph (4), hazardous waste applications, including new RCRA permits orrenewals,new staterecyclingpermits, Class 3modifications, closure andpost-closure plans, transfer station plans and plan modifications

- 300 days; (2) Brownfields applications and each submittal or resubmittal

- 60 days; (3) Solid waste applications and each submittal or resubmittal- 90 days; (4) New RCRA standardized permits and modifications to standardized permits- 150 days.

252:4-7-52. Hazardous waste management applications- Tier I The following hazardous waste management authorizations require Tier I applications. (1) Class 1modification ofanyhazardous waste permit requiring prior Department approval as specified in 40 CFR § 

### 270.42. (2) Modification to a recycling permit in accordance with 27A O.S. § 

### 2-7-118(A). (3) Class 2 permit modification as defined in 40 CFR § 

### 270.42. (4) Emergencyhazardous waste disposal plan approval. (5) Hazardous waste generator disposal plan approval. (6) Technical plan approval. (7) Hazardous waste transporter license. (8) Hazardous waste transfer station plan modification which is not related to capacity. (9) Emergencypermit issued in accordance with 40 CFR § 

### 270.61. (10) Interim status closure plan approval in accordance with 40 CFR § 

### 265.113(d)(4). (11) Minor administrative modification ofall permits and other authorizations. (12) Renewal ofdisposal plan approval and transporter license. (13) New, modified or renewed authorization under a general permit. (14) Approval oftemporary authorizations in accordance with 40 CFR § 

### 270.42. (15) Routine changes to RCRA standardized permits and routine changes to RCRA standardized permits with prior DEQ approval in accordance with 40 CFR 124.211.

252:4-7-53. Hazardous waste management applications- Tier II The following hazardous waste management authorizations require Tier II 

### applications. (1) On-site hazardous waste treatment, storage or disposal permit. (2) Mobile recycling permit. (3) Research & 

### Development permit. (4) Class 3 modification ofany hazardous waste permit as specified in 40 CFR § 

### 270.42. (5) Modification ofan on-site hazardous waste facilitypermitfor afiftypercent (50%) orgreater increase in permitted capacity for storage, treatment, and/or disposal, including incineration. (6) Modification of an on-site hazardous waste facility permit for an expansion ofpermitted boundaries. (7) Modification ofon-site hazardous waste facility permit in which the application is for new treatment, storage, or disposal methods or units which are significantly different from those permitted. (8) Renewal ofa hazardous waste treatment, storage or disposal permit. (9) Hazardous waste transfer station plan approval.

15(10) Hazardous waste transfer station plan modification involving increase in approved capacity. ( 11) Variance which is not part ofa permit application. (12) Variance which is part ofa Tier II permit application. ( 13) NewRCRA standardizedpermits or significant changes to existing RCRA standardized permits in accordance with 40 CFR 124.211.



### 252:4-7-54. Hazardous waste management applications- Tier III The following hazardous waste management authorizations require Tier III applications. ( 1) Off-site hazardous waste treatment, storage, disposal, incineration and/orrecycling permit. (2) Modification of an off-site hazardous waste facility permit for a fifty percent (50%) or greater increase in permitted capacity for storage, treatment, and/or disposal, including incineration. (3) Modification ofan off-site hazardous waste facility permit for an expansion ofpermitted boundaries. (4) Modification ofoff-site hazardous waste facility permit in which the application is for new treatment, storage, or disposal methods or units which are significantly different from those permitted. (5) Variance which is part ofa Tier III application.



### 252:4-7-55. Radiation management applications- Tier I The following radiation management authorizations require Tier I applications: (1) New, amended and renewed operating permits for radiation machines; (2) New, amended and renewed permits for x-ray fluorescence spectroscopy instruments used
to detect lead in paint; (3) New and renewed specific licenses under the state agreement program not classified under Tiers II or III; (4) Industrial radiography certifications; (5) Approvals oflicense termination plans that require no decommissioning or remediation; (6) Decommissioning andremediationplans required for remediation due to the use, storage or disposal ofone or more radioactive materials with a half-life of 120 days or less; (7) DEQ approvals ofdocumentation showingresidualradioactivitylevels for a site orproperty

are within acceptable limits as set by Chapter 41 0; (8) Minor amendments ofall authorizations classified under Tiers I, II or III; and (9) Major amendments ofall authorizations classified under Tier I.



### 252:4-7-56. Radiation management applications- Tier II The following radiation management authorizations require Tier II applications: (1) Decommissioning and remediation plans required for on-site remediation due to the use, storage or disposal ofone or more radioactive materials with a half-life ofmore than 120 days, except for those facilities described in 252:4-7-57(3)(A); (2) Neworrenewedpermits for the non-commercial treatment or disposal ofradioactive waste, generated by the applicant, by incineration or the amendment ofthe incinerator permit for a capacityincrease orfor anyexpansionbeyondpermittedboundaries for thepurposeofexpanding operations or storage; and (3) Major amendments ofall authorizations classified under Tier II.



### 252:4-7-57. Radiation management applications- Tier III The following radiation management authorizations require Tier III applications: (1) New orrenewed permits for the land disposal oflow-level radioactive waste received from others and the major amendment thereof; (2) New or renewed permits for the commercial treatment or disposal ofradioactive waste by incineration and the major amendment thereof; and (3) Decommissioning and remediation plans and the major amendment thereof: (A) for nuclear fuel cycle facilities or facilities and sites involved in the manufacturing or

16processing oflicensed quantities ofradioactive materials; and (B) for sites thatrequireboth on- and off-site remediation due to the use, storage or disposal ofone or more radioactive materials with a half-life ofmore than 120 days.



### 252:4-7-58. Solid waste management applications- Tier I The following solid waste management authorizations require Tier I applications. ( 1) 

### New permits. (A) 

### Locally approved solid waste transfer stations. Permit for a solid waste transfer station that, priorto application filing, received county commissioner approval according to 27A O.S. § 2-10-307. (B) 

### Biomedical waste transfer stations using only sealed containers. Biomedical
waste transfer station permit when activities are limited to: (i) consolidation ofsealed containers; and/or (ii) transfer ofsealed containers from one vehicle ormode oftransportation to another. (C) 

### Disaster relief. Emergencyauthorization for waste disposalresulting from a natural disaster. (2) 

### Modifications. (A) 

### All facilities. (i) Modification of a solid waste permit to add methods, units or appurtenances for liquidbulkingprocesses; yardwaste composting; recycling operations; waste screening;

or baling, chipping, shredding or grinding equipment or operations. (ii) Modification to any solid waste permit to make minor changes. (iii) Modification ofplans for closure and/or post-closure. (iv) Administrative modification ofall permits and other authorizations. (B) 

### On-site and off-site land disposal facilities. Modification of an existing land disposal permit for a lateral expansion within permitted boundaries. (C) 

### Capacityincreases ofless than 25% with exceptions. The modification ofa solid
waste permit, excluding incineration permits, involving a request for less than twenty-five percent (25%) increase in permitted capacity for storage, processing or disposal when the request is for equivalentmethods, units or appurtenances as thosepermitted and which does
not involve expansions ofpermitted boundaries. (3) 

### Plans and other authorizations. The approval ofnew and when applicable, modified or renewed: (A) Plans for composting ofyard waste only. (B) Permit transfers. (C) Non-hazardous industrial solid waste disposal plans. (D) Technical plans. (E) County solid waste management plans. (F) Individual authorizations under a general permit. (G) All other administrative approvals required by solid waste rules.



### 252:4-7-59. Solid waste management applications- Tier II The following solid waste management authorizations require Tier II applications. ( 1) 

### New permits. (A) 

### On-site solidwaste processing facilities with exception. Permitfor an on-site solid
waste processing facility except yard waste composting as listed under Tier I. (B) 

### Solid waste transfer stations with exceptions. Permit for a solid waste transfer station except: (i) a transfer station permit with county commissioner approval as listed under Tier I,

or (ii) a biomedical waste transfer station permit listed under Tier I. (C) 

### On-siteincineratorswith exceptions. Permitfor anon-siteincineratorexceptthose exempt under solid waste rules or those that have an approved Air Qualitypermit or Solid Waste Management Plan.

17(D) 

### On-site land disposal sites. Permit for an on-site solid waste disposal site. (E) 

### Material Recovery Facility (MRF). Permit for a Material Recovery Facility if
waste is not source-separated. (2) 

### Modifications. (A) 

### All facilities. Modification ofa permit for a change in waste type. (B) 

### On-site facilities. Anymodification ofan on-site solidwastepermit, except as listed under Tier I. (C) 

### Off-site facilities. (i) Modification of any off-site solid waste permit involving a request for more than twenty-fivepercent(25%)butless than fiftypercent(50%)increaseinpermittedcapacity for storage, processing or disposal (excluding incineration) when the request is for equivalentmethods, units or appurtenances as those permitted, exceptthose listedunder Tier I. (ii) Modification ofany off-site processing facility involving an expansion ofpermitted boundaries. (D) 

### Incinerators. (i) Modification ofan on-site incinerator permit for any increase in permitted capacity for storage, processing, or disposal. (ii) Modification ofan off-site incinerator permit involving a request for increases less than fifty percent (50%) in permitted capacity for storage, processing, or disposal when the request is for equivalent methods, units or appurtenances as those permitted. (3) 

### General permit. New, modified or renewed general permit.



### 252:4-7-60. Solid waste management applications- Tier III The following solid waste management authorizations require Tier III applications. (1) 

### New permits. (A) 

### Off-site processing facilities with exceptions. Permit for an off-site processing facility, unless otherwise specified in Tier I or Tier II. (B) 

### Off-site land disposal facility. Permit for an off-site solid waste land disposal site. (C) 

### Off-site incinerator. Permit for an off-site incinerator. (2) 

### Modifications. (A) 

### Off-site facilities: significant increase in capacity. Modification of any off-site solid waste permit involving a fifty percent (50%) or greater increase in permitted capacity for storage, processing, and/or disposal, including incineration. (B) 

### Off-site land disposal facility. Modification ofan off-site solidwaste land disposal permit for an expansion ofpermitted boundaries. (C) 

### Off-site facilities: different methods, units or appurtenances. Modification ofan off-site solid waste permit in which the request involves different methods, units or appurtenances than those permitted, except those listed under Tier I. (3) 

### Variance approvals. All variances.



### 252:4-7-61. Brownfields applications- Tier I [REVOKED]

252:4-7-62. Brownfields applications- Tier II [REVOKED]

252:4-7-63. Brownfields applications- Tier III [REVOKED]

PART 7. WATER QUALITY DIVISION TIERS AND TIME LINES

252:4-7-71. Water quality time lines The Water Quality Division shall technically review applications and issue or deny permits within the following periods oftime: (1) Discharges, 401 Certifications, industrialwastewaterotherthandischarge, pretreatmenttrust
users, and sludge management plan

- 180 days;

18

### (2) Public water supply and water pollution control construction

- 90 days; and (3) UIC applications

- 300 days.

252:4-7-72. Laboratory certification applications- Tier I A Tier I application shall be required for a new, modified, amended or renewed laboratory certification.

252:4-7-73. Water quality applications- Tier I The following water quality authorizations require Tier I applications. (1) Permit for flow-through impoundment(s) as part ofthe pretreatment process. (2) Permit renewal for a facility with an expiring permit for industrial non-discharging impoundment or industrial septic tank system. (3) Permit renewal for an expiring permit with minor or no change(s) for land application of sludge and/or reclaimed water for same site. (4) New, modified or renewed authorization under a general permit. (5) Approval ofnew pretreatment program. (6) Closure plan approval. (7) Certifications issued pursuant to Section 401 ofthe Clean Water Act. (8) Approval ofexemption for water line extensions. (9) Approval of exemption for water distribution, water reuse distribution and wastewater collection systems. (10) Approval for alternative individual on-site sewage treatment systems. (11) Approval for alternative small public on-site sewage treatment systems. (12) Residential development approval. (13) Transfer ofdischarge permit. (14) Minor modification ofdischarge permit. (15) Modification ofan existingindividual municipalpermitfor land application ofbiosolids and/or reclaimed water. (16) Modification of or addition to an existing permitted municipal wastewater treatment system (including sewer line extensions). (17) Modification oforadditionto an existingpermittedpublicwater supplytreatment and/or distribution system (including line extensions). (18) Modification of or addition to an existing permitted water reuse treatment and/or distribution system (including line extensions). (19) Modification of or addition to an existing permitted industrial non-discharging impoundment, industrial septic tank system, and/or industrial wastewater treatment system. (20) Modification ofan approved pretreatment program. (21) Administrative amendment of permits or other authorizations for the correction of administrative or typographical errors. (22) New, modified or renewed individual categorical or significant industrial user pretreatment permit. (23) Modification of or addition of impoundment(s) to an existing permitted industrial
wastewater treatment system.

252:4-7-74. Water quality applications- Tier II The following water quality authorizations require Tier II applications. (1) Permit to construct a new municipal wastewater treatment, and/or collection system, excluding line extensions. (2) Permitto constructanewpublicwater supplytreatment and/ordistribution system, excluding
water line extensions. (3) Permit to construct a new water reuse treatment and/or distribution system, excluding line extensions. (4) New discharge permit for minor facility. (5) Individual storm water permit. (6) Newpermitfor industrialnon-discharging impoundment, industrial septic tank, orindustrial

19wastewater system. (7) New individual permit for land application ofsludge, biosolids and/or reclaimed water. (8) Permit renewal for a facility with expiring discharge permit. (9) Permit renewal for a facility with expiring individual storm water discharge permit. ( 1

0) Varianceincludingthermal components ofeffluentlimitations for anindividual discharge permit. (11) Major modification ofdischarge permit. (12) Modification of an individual industrial permit for land application of sludge and/or
wastewater. (13) New, modified or renewed general permit.



### 252:4-7-75. Water quality applications- Tier III A new discharge permit for a major facility requires a Tier III application.



### 252:4-7-76. UIC applications-Tier I The following underground injection control authorizations require Tier I applications. ( 1) Minor modification ofa permit for Class I, III, and V wells in accordance with 40 CFR § 144.41. (2) Modification ofan approved closure and/or post-closure plan for a Class I hazardous waste injection well. (3) Modification ofan approved plugging and abandonment plan for Class I nonhazardous and Class III injection wells. (4) Modification ofan approved corrective action plan for a Class I injection well. (5) Emergencypermit in accordance with 40 CFR § 144.34. (6) Minor administrative modification ofall permits and other authorizations.



### 252:4-7-77. UIC applications- Tier II The following underground injection control authorizations require Tier II applications. (1) On-site Class I nonhazardous waste injection well permit. (2) Class III and V injection well permits except Class V permits issued under Tier III. (3) Modification and/orrenewal ofall DEQ-issuedunderground injection controlwell permits. (4) Work plan authorizations for the construction and testing ofgeological reconnaissance test wells intended to demonstrate compliance with UIC siting criteria.



### 252:4-7-78. UIC applications- Tier III The following underground injection control authorizations require Tier III applications. (1) Class I hazardous waste injection well permit. (2) Off-site Class I nonhazardous waste injection well permit. (3) Class V industrial waste injection well permit.

Section 

### SUBCHAPTER 9. ADMINISTRATIVE PROCEEDINGS

PARTl. ENFORCEMENT

252:4-9-1. Notice ofViolation ("NOV") 252:4-9-2. Administrative compliance orders 252:4-9-3. Determining penalty 252:4-9-4. Assessment orders 252:4-9-5. Considerations for self-reporting ofnoncompliance

252:4-9-31. 252:4-9-32. 

### PART 3. INDIVIDUAL PROCEEDINGS

Individual proceedings filed by DEQ Individual proceedings filed by others

20252:4-9-33. 252:4-9-34. 252:4-9-35. 252:4-9-36. 252:4-9-37. 252:4-9-38. 252:4-9-39. 252:4-9-40. 252:4-9-41. 252:4-9-42. 252:4-9-43. 252:4-9-44. 252:4-9-45. 252:4-9-46.

252:4-9-51. 252:4-9-52. 252:4-9-53. 252:4-9-54. Scheduling and notice ofhearings Administrative Law Judges and Clerks Service Responsive pleading Prehearing conferences Discovery Subpoenas Record Motions Continuances Summaryjudgment Default Withdrawal and dismissal Orders in administrative hearings



### PART 5. AIR QUALITY ADVISORY COUNCIL HEARINGS

In general Individual proceedings Variance State implementation plan hearings



### PARTl. ENFORCEMENT

252:4-9-1. Notice ofViolation ("NOV") Unless otherwise provided by the particular enabling legislation, administrative enforcement proceedings shallbeginwithawrittennotice of violation (NOV)being serveduponthe Respondent. The NOV shall set forth Respondent's action or omission and the specific provision ofthe Code, rules, license or permit alleged to be violated. An NOV may be a letter, inspection sheet, consent order or final order, ifit meets the requirements ofthis Section.



### 252:4-9-2. Administrative compliance orders (a) 

### When issued. The Executive Director, upon the request of a Division, may issue an administrative order requiring compliance, assessing penalties for past violations and specifYing penalties for continuing noncompliance. (b) 

### Contents. Anadministrative complianceordershall specifythe findings offact andconclusions oflaw upon which it is based and shall set a time for the Respondent to comply. The Order shall specifY the penalty, not to exceed the statutorymaximumper day ofnoncompliance, to be assessed in the event that the Respondent fails to comply with the Order within the prescribed time, and, if applicable, the penalty assessed for past violations ofthe Code, rules, or licenses or permits. The Order shall advise the Respondent that it shall become final unless an administrative hearing is requested in writing in accordance with 252:4-9-32 within fifteen (15) days ofservice ofthe Order. (c) 

### Service. An Order shall be served in accordance with 252:4-9-35. (d) 

### Order following hearing. Basedonthe hearing andrecord, aproposedorderwillbe sustained, modified, or dismissed by the Executive Director. If the hearing process extends beyond any compliance deadline specified in the Order, fines specified in the Order for violations ofthe Order will continue to accrue during the hearing process unless the Administrative Law Judge stays the penaltyupon request for good cause shown.



### 252:4-9-3. Determining penalty In determining the amount ofpenalty specifiedin an administrative penaltyorder, the DEQmay consider the following: (1) the factors specified by 27A O.S. § 2-3-502(K)(2); and (2) the extent and severity ofenvironmental degradation or adverse health effects causedbythe

21violation.

252:4-9-4. Assessment orders (a) Issuance of assessment order. Any time the DEQ believes the Order has been violated, the Executive Director may issue an order assessing an administrative penaltypursuant to 27A O.S. § 2-3-502. In determining an appropriate administrativepenalty, the Executive Directormayconsider Respondent's efforts to comply after being served with the Order. (b) Content of assessment orders. An assessment order must state the nature and period ofthe violation andmust determine the amount ofthe fine. The fine is due andpayable immediatelyupon issuance ofthe assessment order, unless a hearing is requested within seven (7) days. See also 27A O.S. § 2-3-502. (c) Continuing violations. Ifthe DEQbelieves that violations ofthe administrative compliance or penalty order continue after the issuance ofan assessment order, the Executive Director mayissue additional assessment orders covering periods ofviolation since the period coveredbythe issuance ofa previous assessment order.

252:4-9-5. Considerations for self-reporting ofnoncompliance (a) Conditions for not seeking administrative and civil penalties. Exceptin the case ofhabitual noncompliance or as otherwise provided in this section, in evaluating an enforcement action for a regulated entity's failure to complywith DEQ rules, the DEQ willnot seekan administrative or civil penalty when the following circumstances are present: ( 1) Theregulated entityvoluntarily, promptlyand fully discloses the apparent failure to comply with applicable state environmental statutes orrules to the appropriate DEQ Divisioninwriting before the Division learns ofit or is likely to learn ofit imminently; (2) The failure is not deliberate or intentional; (3) The failure does not indicate a lack or reasonable question ofthe basic good faith attempt to understand and comply with applicable state environmental statutes or rules through environmental management systems appropriate to the size and nature ofthe activities ofthe regulated entity; (4) Theregulatedentity, upon discovery, took orbeganto take immediate andreasonable action
to correct the failure (i.e., to cease any continuing or repeated violation); (5) Theregulatedentityhas taken, orhas agreedinwritingwiththe appropriate Divisionto take, remedial action as may be necessary to prevent recurrence of such failure. Any action the regulated entity agrees to take must be completed; (6) The regulated entity has addressed, or has agreed in writing with the appropriate Division
to address, any environmental impacts ofthe failure in an acceptable manner; (7) The regulated entity has not realized and will not realize a demonstrable and significant economic or competitive advantage as a result ofnon-compliance; and (8) The regulated entity cooperates with the DEQ as the DEQ performs its duties and provides such information as the DEQ reasonablyrequests to confirm the entity's compliance with these conditions. (b) Partial qualification. Notwithstanding the failure of a regulated entity to meet all of the conditions in subsectiona ofthis section, the DEQwill considerthe nature andextent ofsuchactions ofthe regulated entity inmitigation ofany administrative or civil penalty otherwise appropriate. If the regulated entity meets all conditions in subsection (a) of this section except item seven (7) relating to significant economic or competitive advantage, the DEQ will seek an administrative or civil penalty only to the extent ofthe economic or competitive advantage gained. (c) Relationship to federal/state agreements. In the event of any conflict, the elimination or mitigation ofpenalties pursuant to subsections (a) and (b) ofthis section is subject to agreements between the DEQ and the United States Environmental Protection Agency (USEPA) relating to regulatory program delegation or authorization from the USEPA to the DEQ. (d) Applicability. This section applies to all enforcement cases arising from violations discovered by or brought to the attention ofthe DEQ after June 2, 1997.

22

### PART 3. INDIVIDUAL PROCEEDINGS

252:4-9-31. Individual proceedings filed by DEQ (a) 

### Initiation. Individual proceedings may be initiated by DEQ program areas by filing an administrative compliance or penalty order with the Administrative Law Clerk. (b) 

### Content. Each order shall name the Respondent(s), contain a briefstatement ofthe facts, refer
to the specific provision ofthe Code, rules, license or permit alleged to be violated, state the relief requested and include notice to the Respondent(s) ofthe opportunity to request an administrative hearing. (c) 

### Style. The style ofthe case shall be in accordance with the format in Appendix D.



### 252:4-9-32. Individual proceedings filed by others (a) 

### Request for administrative hearing in response to Order. A request for an individual proceeding initiatedbythe Respondent namedin an Order shall be inwriting and shall specifically
set forth the Respondent's objections to the Order. (b) 

### Administrative hearing on Tier III permits. An individual proceeding on a proposedpermit for a Tier III application maybe requested in accordance with 27A O.S. § 2-14-304(C)(1). (c) 

### Style. The style ofthe case shall be in accordance with the format in Appendix D. (d) 

### Content. All requests for individual proceedings must be in writing, contain a briefstatement ofthe basis oftherequest andthe name and address ofeachrequester, andbe signedbythe requester

or an authorized representative. (e) 

### Declaratory ruling. Any person who alleges that any DEQ rule or order interferes with or impairs, orthreatens to interfere with orimpair, his/her legal rights maypetition the DEQ, formally requesting a declaratory ruling on the applicability ofthe rule or order. After the petition is filed, the DEQ shall provide a copy to the Board. ( 1) 

### Time. Anypersonwhorequests a declaratoryruling onthe applicabilityofan ordermustfile the petition within twenty (20) working days ofreceipt ofthe order. (2) 

### Form and content of petition. All petitions shall be in writing and filed with the Administrative Law Clerk. The petition shall include the information and follow the format in Appendix B. (3) 

### Determination. Petitions for declaratoryrulings shallbedecidedbythe DEQ. Rulings shall
state the findings offact and conclusions oflawupon which they are based. Ifthe DEQ refuses
to make a ruling orbegin an individual proceeding within 30 days, the petition shall be deemed
to have been denied. Ifthe DEQ begins an individual proceeding on the petition, it shall offer

an opportunity for a hearing to the petitioner. After the DEQ issues a ruling or the Executive Director issues a final order, the DEQ shall provide a copy ofthe ruling or final order to the Board at its next available meeting. (4) 

### Mailing. The DEQ shall mail a copy ofthe ruling or final order to the petitioner.



### 252:4-9-33. Scheduling and notice ofhearings The DEQ shall schedule an administrative hearing after receipt ofa proper and timelyrequest. The Administrative Law Clerk shall notify the parties ofthe date, time and place ofthe hearing. Notice shall satisfy the requirements ofthe APA and shall be made at least fifteen ( 15) days prior
to the hearing unless otherwise provided by law or agreed by the parties.



### 252:4-9-34. Administrative Law Judges and Clerks (a) 

### Administrative Law Judge. The Executive Director may designate an Administrative Law Judge for any administrative hearing in accordance with 27A O.S. § 2-3-103. Administrative Law Judges shall not have had prior involvement in the matter other than as an Administrative Law Judge, unless the parties waive this requirement. (b) 

### Administrative Law Clerk. The Executive Director may designate an Administrative Law Clerk to maintain the administrative hearing dockets and records, and perform such other duties as described in this Chapter or incidental thereto. (c) 

### Authority. Administrative Law Judges have complete authority to conduct individual

23proceedings and may take any action consistent with the APA and the rules of this subchapter. Administrative Law Judges may: (1) arrange and issue notice ofthe date, time and place ofhearings and conferences; (2) establish the methods and procedures to be used in the presentation ofthe evidence; (3) hold conferences to settle, simplifY, determine, or strike any ofthe issues in a hearing, orto consider other matters that may facilitate the expeditious disposition ofthe hearing; (4) administer oaths and affirmations; (5) regulate the course ofthe hearing and govern the conduct ofparticipants; (6) examine witnesses; (7) rule on, admit, exclude and limit evidence, at or before hearings; (8) establish the time for filing motions, testimony, and otherwritten evidence, briefs, findings, and other submissions, and hold the record open for such purposes; (9) rule on motions and pending matters; (10) divide the hearing into stages orjoin claims ofparties whenever the number ofparties is large or the issues are numerous and complex; ( 11) restrict attendance bypersons not parties to the hearing in appropriate cases; (12) admit attorneys from other jurisdictions to practice lawbefore the DEQ in accordance with Rules of the Oklahoma Bar Association, 5 O.S. Chapter 1, Appendix 1, Article II, § 5, and administer the oath required by 5 O.S. § 2. (13) require briefs on any relevant issues; ( 14) requestproposed findings offact, conclusions oflaw and aproposed order from all parties; and (15) restrict testimony to the facts alleged in an assessment order. (d) 

### Technical assistance. At the request ofthe Administrative Law Judge, the Executive Director
may designate a DEQ representative, who has hadno assigned responsibilities related to the matter at issue, to serve as technical adviser to the Administrative Law Judge.



### 252:4-9-35. Service (a) 

### Generally. Service shall be made in accordance with the OklahomaPleading Code, 12 O.S. § 2001 

### et seq., and 27A O.S. § 2-3-502 unless otherwise allowed by this section. (b) 

### By the DEQ. Where the DEQ is serving notice, personal service may be made by a person designated by the Executive Director for that purpose. (c) 

### By certified mail. Servicebycertifiedmail shallbe effective onthe date of receipt or, if refused,

on the date ofrefusal by the Respondent.



### 252:4-9-36. Responsive pleading A Respondent may file, and the Administrative Law Judge may direct a Respondent to file, a responsive pleading to the initiated action.



### 252:4-9-37. Prehearing conferences (a) 

### General. TheAdministrative Law Judge may schedule and conductprehearing conferences as necessary. The Administrative Law Clerk shall notifY the parties ofthe scheduling ofa pre hearing conference. The Administrative Law Judge may hold a prehearing conference by telephone. On request, prehearing conferences shall be on the record. (b) 

### Subjects. Prehearing conferences may address: (1) identification and simplification ofissues, including the elimination offrivolous claims or defenses; (2) amendments to the pleadings; (3) the plan and schedule ofdiscovery and limitations to be placed thereon; (4) identification ofadmissions offact to avoid unnecessaryproofand cumulative evidence; (5) the identification ofwitnesses and substance oftestimony, exhibits, and documents; (6) the use ofpre hearing briefs and prefiled testimony in the form ofsworn affidavits; (7) settlement ofall or some ofthe issues before the hearing; (8) adoption ofspecial procedures for managing potentially difficult orprotracted actions that

24may involve complex issues, multiple parties, novel or difficult legal questions, or evidence problems; (9) scheduling; and (10) such other matters as may aid disposition. (c) 

### Schedules and orders. A prehearing conference mayresult in a scheduling or otherprehearing order. Subsequent changes to any prehearing or scheduling order may be made by the Administrative Law Judge bymodifying the order upon good cause shown.



### 252:4-9-38. Discovery Discoveryshallbe conductedin accordancewiththe OklahomaDiscoveryCode (12 0.S. § 3224


### et seq.) unless otherwise ordered by the Administrative Law Judge for good cause.



### 252:4-9-39. Subpoenas (a) 

### Issuance. Subpoenas for the attendance ofwitnesses, the furnishing ofinformationrequiredby the Administrative LawJudge andthe production ofevidence shallbeissuedin accordance with the APA and the Oklahoma Pleading Code. (b) 

### Failure to obey. The Executive Director may seek an appropriate judicial order to compel compliancebypersons who fail to obeya subpoena, who refuse to be sworn ormake an affirmation
at a hearing, orwho refuse to answer a proper question during a hearing. The hearing mayproceed despite any such refusal but the Administrative Law Judge may, in his/her discretion at any time, continue the proceedings as necessary to secure a court ruling.



### 252:4-9-40. Record (a) 

### To be made. A record ofthe hearing shall be made, which shall be a tape recording unless otherwise agreed by the parties and the Administrative Law Judge. The recording will not be transcribed as a matter ofcourse. A transcript may be obtained by submitting a written request to the Administrative Law Clerk and tendering payment in an amount sufficient to pay the cost of having the recording transcribed. (b) 

### Court reporter. A partymayrequest a courtreporter. Therequesting party shall paythe costs, and the original transcript shall be filed in the case file as part ofthe record in the case. Eachperson

or party requesting copies shall make arrangements with the reporter and pay the costs. (c) 

### Maintained. The record ofa proceeding and the file containing the notices and the pleadings willbemaintainedbytheAdministrativeLawClerk. Allpleadings,motions, orders and otherpapers submittedfor filing inaproceeding shallbedate/file stampedbythe AdministrativeLawClerkupon receipt. The burden of showing substantial prejudice by any failure to correctly file-stamp any submittal shall be upon the asserting party. (d) 

### Contents. The administrative record of all individual proceedings shall contain documents required bythe APA, 75 O.S. § 309. An individual proceeding on a proposed permit for a Tier III application shall also include the following: (1) the permit application on file with the DEQ, as amended; (2) all written comments received during the public comment period; (3) the tape or transcript ofthe public meeting; (4) documents resulting from the DEQ'sreview ofthe permit application andpublic comments; (5) the draft permit, fact sheet and response to comments, ifany, issued by the DEQ; and (6) all published notices.



### 252:4-9-41. Motions (a) 

### Filing. All requests for action in a matter already before the DEQ shall be made in a motion, signed by the party or his/her attorney, and filed with the Administrative Law Clerk. (b) 

### Service. Copies ofmotions shall be served on other parties in accordance with 252:4-9-35. (c) 

### Response. Within fifteen (15) days after service of any written motion, any party to the proceedings mayfile aresponse to the motion. Thetime for response maybe extended or shortened by the Administrative Law Judge for good cause shown.

25

### 252:4-9-42. Continuances A motion for an extension or continuance shall state the reasons for the request and specify the length of time requested. Unless made before the Administrative Law Judge in open hearing, motions for extensions oftime or for a continuance ofthe hearing to another date or time shall be in writing and filed with the Administrative Law Clerk. The Administrative Law Judge shall promptly grant or deny suchrequest athis/her discretion. Ifthe motion is denied, itmayberenewed orally by the party at the hearing.



### 252:4-9-43. Summaryjudgment The Administrative Law Judge may grant a motion for summaryjudgment, subject to 252:4-9- 46.



### 252:4-9-44. Default (a) 

### Generally. Any Respondent who fails to appear, after receipt ofnotice, maybe determined to have waivedthe rightto appear andpresent a defense. A Final Ordermaybeissuedbythe Executive Director granting the reliefrequested by default. (b) 

### Tier III application. The Executive Director may enter a defaultjudgment against any party who fails to participate in an administrative hearing on a proposedpermit for a TierIII application.



### 252:4-9-45. Withdrawal and dismissal Parties maywithdraw from a case and cases maybe dismissedbythe Administrative Law Judge in accordance with the Oklahoma Code ofCivil Procedure.



### 252:4-9-46. Orders in administrative hearings Proposed and final orders in administrative hearings shall beprepared and issued in accordance with the APA.



### PART 5. AIR QUALITY ADVISORY COUNCIL HEARINGS

252:4-9-51. In general The Air QualityAdvisory Council is authorized to conduct individual proceedings on requests for a variance from the Oklahoma Clean AirAct, 27A O.S. §§ 2-5-101 through 2-5-118, or the Air Pollution Control Rules, OAC 252:100.



### 252:4-9-52. Individual proceedings IndividualproceedingsbeforetheAirQualityAdvisoryCouncilwillbeconductedinaccordance with the requirements in Part 3 ofthis Subchapter. The Council may designate an Administrative Law Judge for individual proceedings to be held before the Council.



### 252:4-9-53. Variance It is within the discretion of the Air Quality Advisory Council to decide whether or not an individual proceeding is necessary in granting a variance.



### 252:4-9-54. State implementation plan hearings A state implementation plan (SIP) hearing may be initiated by an applicant for an alternative emissions reduction authorization under 252:100-11 by filing a request for a SIP hearing with the Administrative Law Clerk. A request that the hearing be conducted by the Air Quality Advisory Council must be included in the request for hearing. Additional requirements for a SIP hearing request are contained in 252:100-11-6.



### SUBCHAPTER 11. COMPLAINT PROCESSING

Section 252:4-11-1. Purpose

26

### 252:4-11-2. 252:4-11-3. 252:4-11-4. 252:4-11-5. 252:4-11-6. Receipt ofcomplaints Investigation Notification Referral ofcomplaints False complaint

252:4-11-1. Purpose This Subchapterestablishesproceduresusedto process environmental complaintsreceivedfrom the public.

252:4-11-2. Receipt ofcomplaints (a) Complaints maybe made by any ofthe following: (1) the toll-free hotline; (2) mail, including electronic transmission; (3) telephone to any DEQ telephone number; or (4) in person at any office ofthe DEQ. (b) Complainants may request to be anonymous or to remain confidential.

252:4-11-3. Investigation After receipt of a complaint, the DEQ may assign an investigator to obtain any information which may tend to prove there has or has not been a violation of the Code or rules, who the potentiallyresponsible persons are, and any other information which may be needed to resolve the complaint.

252:4-11-4. Notification (a) Potential actions. Within two (2) working days ofreceipt ofa complaint, the DEQ shall notifY the complainant ofthe potential actions which may occur to resolve the complaint. (b) Course ofaction. Within seven (7) working days ofthe receipt ofa complaint, the DEQ shall notifY the complainant, in writing, ofthe action to be taken by the DEQ. (c) Final letter. Within seven (7) working days of determining that there is no longer a DEQ violation, the DEQ shall notify the complainant in writing. (d) Enforcement. Complainants shall be notified ofenforcement actions taken in response to a complaint in accordance with 27A O.S. § 

### 2-3-503.

252:4-11-5. Referral ofcomplaints (a) To appropriate agency. Ifthe DEQ receives a complaint for which DEQ has no authority and which clearly falls within the jurisdiction of another governmental entity, the complaint shall be referred to that governmental entity. (b) To mediation. DEQ may notify a complainant and persons named in the complaint (Respondents), by mail, ofthe opportunity to mediate the complaint in accordance with 27A O.S. § 

### 2-3-104.

252:4-11-6. False complaint When the DEQ has a reasonable suspicion that a complainant has filed a false complaint, the Executive Directormayrefer all investigationmaterials, includingbutnot limited to, reports, notes, initial data collection forms and letters to the District Attorney's office in the area where the complainant resides.

Section 252:4-13-1. 252:4-13-2. 252:4-13-3. SUBCHAPTER 13. ENVIRONMENTAL EDUCATION GRANTS

Authority and eligibility Amount ofgrants Criteria

27252:4-13-4. 252:4-13-5. 252:4-13-6. 252:4-13-7. 252:4-13-8. 252:4-13-9. 252:4-13-10. 252:4-13-11. 252:4-13-12. Application Cover page Letter ofcommitment Summary ofproject Timeline Budget Evaluation procedure Final written report Shared strategies



### 252:4-13-1. Authority and eligibility (a) 

### Authority. This subchapter is adopted pursuant to 75 O.S. § 302, 27A O.S. § 2-2-101,47 O.S. § 1104.2 and Executive Order 98-37. (b) 

### Eligibility. Oklahomateachers andyouth group leaders are eligible to apply for environmental education grants provided by the DEQ.



### 252:4-13-2. Amount ofgrants The DEQ will award the following amounts to successful applicants: (1) Up to and including$ 200.00 for field trips; (2) Up to and including$ 500.00 for environmental education projects; and (3) Up to and including $1000.00 for outdoor classrooms.



### 252:4-13-3. Criteria The following will be considered by the DEQ in determining grant awards: (1) Project proposed, including how the project accomplishes the following factors: (A) Promotes enthusiasm to learn more about the environment; (B) Fits in the school curriculum or youth group program; (C) Involves communitypartnerships and/or outreach, ifapplicable. (2) Number ofstudents/youth participating; (3) Grade level ofstudents/youth; and (4) Geographic location.



### 252:4-13-4. Application (a) 

### Completeapplication. A completeapplicationconsists ofa coverpage, a letterofcommitment,

a summary ofthe project, a projectedtimeline, a proposedbudget and a procedure for evaluation of the project. (b) 

### Attachments. Photographs, clippings, diagrams and other graphic materials, notto exceed five (5) pages double sided, maybe attached to the application. (c) 

### Document submission. An original and two (2) copies, double sided, ofthe application and attachments mustbe submitted to the DEQ, date-stamped orpostmarked on orbefore the published deadline. The DEQ will not accept applications submitted by telecopy/facsimile or e-mail.



### 252:4-13-5. Cover page The cover page must include the following information: (1) Title ofthe project; (2) Name ofcontact person, position held and relationship to project; (3) Name ofschool or youth group organization; (4) Grade level(s) and number ofyouth targeted; (5) Federal Employer Identification number (tax ID#); (6) Street address; (7) Mailing address, ifdifferent from street address; (8) E-mail address, ifany; (9) Daytime and evening telephone numbers; and (10) Telecopy/facsimile number, ifany.

28

### 252:4-13-6. Letter ofcommitment The grant application must be accompanied by a letter from the applicant's principal or supervisor stating the organization's support for the performance ofthe grant objectives.

252:4-13-7. Summary ofproject The applicant must submit a project summary, with a maximum length of one page, double sided. The project summary shall include the following: (1) Synopsis. Provide one paragraph summarizing the project; (2) Description. Give a clear concise description ofthe proposed project, indicating how the projectpromotes enthusiasm to learn more about the environment, fits in the school curriculum

or youth group program and involves community partnerships and/or outreach, ifapplicable; (3) Goals and objectives. Clearly define realistic goals and objectives. Include information outlining where these goals address specific needs. (4) Implementation. Describehowthe projectwillbe implemented and whetherit emphasizes

a hands-on learning approach. Include the project's potential for broad implementation.

252:4-13-8. Timeline The applicant must present target dates for project objectives.

252:4-13-9. Budget The applicantmustprovide an itemizedbudgetwith specificprojectexpenditures ofgrant funds.

252:4-13-10. Evaluation procedure The applicant must provide a description of the methods to be used to measure project effectiveness, including how the evaluation method will improve the project's strength. The applicant must indicate in the evaluationmethodhow the projectwill be continued after grant funds

are expended.

252:4-13-11. Final written report Applicants who are awarded environmental education grants under this subchapter shall submit

a final written report, outlining accomplishments ofthe grant objectives and expenditures on or before December 15 following the award.

252:4-13-12. Shared strategies Strategies from applicants who are awarded environmental education grants under this Subchapter will become the property ofthe Environmental Quality Education Committee and may be shared with other interested environmental educators.

Section 252:4-15-1. 252:4-15-2. 252:4-15-3. 252:4-15-4. SUBCHAPTER 15. LOCAL PROJECT FUNDING

Purpose, authority and applicability Criteria Proposals Funding

252:4-15-1. Purpose, authority and applicability (a) Purpose. The purpose ofthis Subchapter is to implement Executive Order 98-37, mandating
state agencies to establish criteria for local project funding contracts. (b) Authority. This Subchapter is adopted pursuant to 75 O.S. § 

### 302, 27A O.S. § 

### 2-2-101 and Executive Order 98-37. (c) Applicability. Therules inthis Subchapterapplyto anyprivate entity, political subdivision, and unit oflocal government, including municipal and county governments and school districts.

29

### 252:4-15-2. Criteria (a) The DEQ will considerthe following criteriain determining funding priorities for localprojects: (1) Criteria established byrelevant statutory authority; and (2) Criteria established byrules adopted for the specific Divisionpursuant to relevant statutory authority. (b) Ifrelevant statutory authority and program-specific rules do not establish criteria, the DEQ will consider the following in determining funding priorities for local projects: (1) Potential of the project to effectively promote environmental health and safety or environmental education and awareness; (2) Potential to enhance related programs or efforts by the recipient; (3) Number ofpersons benefitted; and (4) Equitable geographic distribution.



### 252:4-15-3. Proposals (a) The applicant must submit a proposal in accordance with the rules implementing the statutory program and/or forms provided by the DEQ. (b) Proposals must demonstrate that the proposed project will implement and be consistent with relevant statutes and rules ofthe specific program area.



### 252:4-15-4. Funding Within the priority criteria, funds shall be granted on a first-come first-served basis until funds

are depleted.

Section 252:4-17-1. 252:4-17-2. 252:4-17-3. 252:4-17-4. 252:4-17-5. 252:4-17-6. 252:4-17-7. 

### SUBCHAPTER 17. ELECTRONIC REPORTING

Purpose, authority and applicability Definitions Use ofelectronic document receiving system Electronic signature agreement Valid electronic signature Effect ofelectronic signature Enforcement



### 252:4-17-1. Purpose, authority and applicability (a) 

### Purpose. The rules in this Subchapter implement the United States Environmental Protection Agency's Cross Media Electronic Reporting Rule (CROMERR), as published in the October 13, 2005 issue ofthe FederalRegister (70 FR59848- 59889), and whichbecame effective January 11, 2006. (b) 

### Authority. The rules in this Subchapter were promulgated and adopted under the authority of the OklahomaEnvironmental QualityCode, 27A O.S. "2-1-101 etseq., including specifically' 2-2- 101(H); the Oklahoma Administrative Procedures Act, 75 O.S. '302; and the Oklahoma Uniform Electronic Transactions Act, 12A O.S." 15-101 et seq. (c) 

### Applicability. The rules in this Subchapter: (1) apply to: (A) persons and signatorieswho submitelectronicreports orotherdocuments to the DEQ
to satisfy requirements of Title 40 of the Code of Federal Regulations (40 CFR) for authorized programs for which the Executive Director has designated on the DEQ's public website that the DEQ is accepting specified electronic documents; and (B) the DEQ's electronic document receiving system and other software applications implemented, revised, or modified as communicated by the DEQ. (2) do not apply to: (A) documents submitted via facsimile; (B) electronic documents submitted via magnetic or optical media such as diskette,

30compact disc, digital video disc, or tape; or (C) electronic documents submitted through the DEQ's electronic document receiving system pursuant to a non-federal state-only program.

252:4-17-2. Definitions In addition to the Definitions in Subchapter 1 ofthis Chapter, the following words and terms, whenusedin this Subchapter, shallhave the following meaning, unless the context clearlyindicates otherwise: (1) "Authorized program" means a federal program that the United States Environmental Protection Agency (EPA) has delegated to, authorized, or approved the DEQ, on behalfofthe State ofOklahoma, to administer, or a program that the EPA has delegated to, authorized, or approved the DEQ to administer in lieu ofa federal program, under provisions of40 CFR and for which the delegation, authorization or approval has not been withdrawn or expired. (2) "Copy of record" means a true and correct copy ofan electronic document received by an electronic document receiving system, which can be viewed in a human-readable format that clearly and accurately associates all the information provided in the electronic document with descriptions or labeling ofthe information. A copy ofrecord includes: (A) any electronic signature contained in or logically associated with the document; (B) the date and time ofreceipt; and (C) any other information used to record the meaning of the document or the circumstances ofits receipt. (3) "Electronic document" means any information that is submitted to the DEQ's electronic documentreceiving system in digital form to satisfyrequirements ofan authorizedprogram and may include data, text, sounds, codes, computer programs, software, or databases. (4) "Electronic document receiving system" means the apparatus, procedures, software, or records established and used by the DEQ to receive electronic documents in lieu ofpaper. (5) "Electronic signature" means any information in digital form attached to or logically associated with a record submitted to the DEQ's electronic document receiving system and executed or adopted by a person with the intent of expressing the same meaning as would a handwritten signature ifaffixed to an equivalent paper document with the same content. (6) "Electronic signature agreement" means a written agreement prepared by the Executive Director and signed by an individual with respect to an electronic signature device that the individual will use to create his or her electronic signature. (7) "Electronic signature device" means a code or othermechanism, assigned to an individual who is uniquely entitled to use it and that is then used to create the individual's electronic signature. (8) "Federal program" means any program administered by EPA under any provision of40 CPR. (9) "Handwritten signature" means the scripted name or legal mark ofan individual made by that individual with the present intention to authenticate a writing in a permanent form. (1 0) "Signatory" means an individual authorizedto andwho signs a document submitted to the DEQ's electronic document receiving system pursuant to an electronic signature agreement in

a format acceptable to the DEQ. (11) "State program" means anyprogramotherthan an authorizedprogramthatis implemented by DEQ under the Oklahoma Environmental Quality Code or other laws of the State of Oklahoma. (12) "Valid electronic signature" means an electronic signature on an electronic document created byusing an electronic signature device that the identified signatory is uniquely entitled
to use for signing the electronic document, provided the device has not been compromised and provided the signatoryis an individual authorized to sign the documentbyvirtue oflegal status

or relationship to the entity on whose behalfthe signature is created.

252:4-17-3. Use ofelectronic document receiving system (a) Announcement on public website. When the Executive Directorhas announced on the DEQ's

31public website that the DEQ is accepting specified electronic documents in lieu ofpaper to satisfy requirements under authorized programs, individuals who submit such electronic documents must

use the DEQ's CROMERR-compliant electronic document receiving system. (b) 

### Submittals requiring signature. Any electronic document submitted must bear a valid electronic signature ofa signatory, ifthat signatorywouldberequiredunderthe authorizedprogram to sign the paper document for which the electronic document substitutes. (c) 

### Submittals not requiring signature. Ifno signature is requiredunderthe authorizedprogram, individuals may submit electronic documents in lieu of paper to satisfy requirements of such programs through the DEQ's CROMERR-compliantelectronic documentreceiving systemwithout

an electronic signature or an electronic signature agreement.



### 252:4-17-4. Electronic signature agreement (a) 

### Agreement to be executed. In the case ofan electronic document that mustbear the electronic signature of a signatory under an authorized program, each signatory must execute an electronic signature agreement. (b) 

### Form and content of agreement. All agreements shall be in writing and filed with the electronic documentreceiving system administratorviathe U.S. postal service orbyhand delivery. The agreement shall include the information and follow the format in Appendix E. The agreement form maybe downloaded and printed for execution from the DEQ's public website. (c) 

### Verification. The identity and authority ofeach individual submitting an electronic signature agreement shallbeverifiedbythe DEQ. Afterthe DEQhas satisfactorilycompletedthe verification, the DEQ shall notifythe individual electronically, issue a unique electronic signature device to the individual, and request that the individual establish a password to be used in connection with the device.



### 252:4-17-5. Valid electronic signature (a) 

### Signatory. An authorized signatory may not allow another individual to use the electronic signature device unique to his or her electronic signature. (b) 

### Unique signature device. Whenthe electronic signature device is usedto create an individual's electronic signature, the code or mechanism must be unique to that individual at the time the signature is created and the individual must be uniquely entitled to use it. The signatory shall: (1) protect the electronic signature device from compromise; and (2) report to the DEQ, within one business day ofdiscovery, any evidence that the security of the device has been compromised.



### 252:4-17-6. Effect ofelectronic signature (a) 

### Electronic signature establishes intent. The presence of an electronic signature on an electronic document submitted to the DEQ establishes that the signatory intended to sign the electronic document and to submit it to the DEQ to fulfill the purpose ofthe electronic document. (b) 

### Electronic signature legally binding. Where an electronic document submitted to satisfY a reportingrequirementofan authorizedprogrambears anelectronic signature, theelectronic signature legally binds, obligates, and makes the signatory responsible to the same extent as the signatory's handwritten signature on a paper document submitted to satisfY the same reporting requirement. If

an applicable law or rule requires a handwritten signature on a document, an electronic signature satisfies that requirement.



### 252:4-17-7. Enforcement (a) 

### Penalties and other remedies. Ifthe submitter or signatory fails to comply with a reporting requirement by failing to comply with the provisions ofthis subchapter, the electronic signature agreement, or other applicable reporting requirements, the submitter or signatory is subject to any appropriate civil or criminal penalties or other remedies under State law. (b) 

### Electronic document as evidence. Nothing in this subchapterorthe authorizedprogram limits the use ofan electronic document, copy ofrecord, or other information derived from an electronic document as evidence in enforcement proceedings.

32

### 33

### APPENDIX A. PETITION FOR RULEMAKING

BEFORE THE ENVIRONMENTAL QUALITY BOARD

IN THE MATTER OF Matter No.

RULE OAC 252:

-------------------

Subject area: Date filed:

Solid Waste Water Quality Air Quality Hazardous Waste Laboratory Radiation Operator Certification Other

Petition will be referred by the Department to its appropriate program and to any appropriate Council.

1. Nature of request: Adoption of new rule(s) Amendment of existing rule(s) Repeal of existing rule(s) Identified as Rule Number (s): (OAC number if known)

2. Attach a brief statement of the issues raised by the rule(s) which cause such a request to be made, a statement of your personal interest in the ruling, and how the proposed rulemaking would affect those interests and would affect others.

3. If this request has been discussed with the Department of Environmental Quality, please indicate the name of the Division and employee consulted; otherwise, state "n/a."

4. If a Council has considered this matter, please indicate the

name of the Council and the date(s) the matter was considered; otherwise, state "n/a."

5. Attachment (s): ( ) suggested language ( ) further explanation

by: Name of Business or group (print name) (title)

or Name of Individual (print):

Signature:

Address:

Phone:

34

### APPENDIX B. PETITION FOR DECLARATORY RULING

BEFORE THE DEPARTMENT OF ENVIRONMENTAL QUALITY

IN THE MATTER OF Matter No.

RULE OAC 252: Date filed:

---------------- (or Case No.

Subject area: Air Quality Hazardous Waste Laboratory Radiation Solid Waste Water Quality Operator Certification Other

Petition will be referred by the Department to its appropriate program.

1. Rule Number(s): (OAC number if known)

2. Attach a brief statement of the issues raised by the rule(s) which cause such a request to be made and a statement of your personal interest in the ruling.

3. If this request has been discussed with the Department of Environmental Quality, please indicate the name of the Division and employee consulted; otherwise, state "n/a."

4 . Attachment(s): List of Exhibits Further explanation

by: Name of Business or group**~--~------~------** (print name)

or Name of Individual (print): (title)

------------------------------------------ Signature:

Address:

Phone:



### 35APPENDIX C. PERMITTING PROCESS SUMMARY

Steps Tier Tier Tier I II III
Filing

- Applicant files application, pays Yes Yes Yes any required fee, and provides landowner notice. Applicant may meet with the DEQ staff prior to this.

Notice of filing

- Applicant publishes No Yes Yes notice in one newspaper local to site.

Process meeting

- Notice

- 30-day No No Yes opportunity is published with notice of filing. DEQ holds meeting if requested and sufficient interest is shown.

Administrative completeness review

- DEQ Yes Yes Yes reviews application and asks applicant to supply any missing information.

Technical review

- DEQ reviews application Yes Yes Yes for technical compliance and requests applicant to cure any deficiencies.

Draft permit or draft denial

- DEQ prepares No Yes Yes this after completing review.

Notice of draft permit, public comment No Yes Yes period and public meeting request opportunity

- Applicant publishes this in

one newspaper local to site. (DEQ publishes notice of draft denial.)

Public comment period

- 45 days for No Yes Yes hazardous waste treatment, storage or disposal draft permits; 30 days for all others.

Public meeting

- Conducted by DEQ if held No Yes Yes

Review of comments

- DEQ (written response) No Yes Yes
Proposed permit

- DEQ prepares this in No No Yes response to comments on draft permit

Notice of proposed permit

- Applicant No No Yes publishes, in one newspaper local to site, notice of 20-day opportunity to review permit and request administrative hearing.

Administrative permit hearing

- Conducted by No No Yes DEQ if held. Results in final order.

Issuance or denial

- DEQ's final decision Yes Yes Yes

36

### APPENDIX D. STYLE OF THE CASE IN AN INDIVIDUAL PROCEEDING

OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY NAME OF DIVISION

IN THE MATTER OF:

Case No.

NAME OF DOCUMENT



### 37

### APPENDIX E. ELECTRONIC SIGNATURE AGREEMENT

OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY
Company Name:
Street/Physical Address:

City, State, Zip:

Telephone Number:

Fax Number:
Site/Facility Name and Address (if different from company name/address above) :



### I, (Name of**author~zed ~na~v~dual)** 



### • Understand that this Electronic Signature Agreement allows me to submit electronic documents to the Oklahoma Department of Environmental Quality's ("DEQ") approved electronic document receiving system ("EDRS") under authorized programs in lieu of paper submissions.

• Understand that the DEQ has adopted applicable rules at Oklahoma Administrative Code 252:4-17, entitled "Electronic Reporting".

• Agree to protect my unique electronic signature device from compromise and from use by anyone except me. Specifically, I agree to maintain the secrecy of the password; I will not divulge or delegate my user name and password to any other individual; I will not store my password in an unprotected location; and I will not allow my password to be written into computer scripts to achieve automated log-in.

• Agree to contact the DEQ EDRS administrator at deqreporting@deq.state.ok.us as soon as possible, but no later than 24 hours, after suspecting or determining that my account identification and/or password have become lost, stolen or otherwise compromised.

• Agree that I will review the contents of all electronic submissions prior to submission and/or make all reasonable inquiry as to the accuracy and completeness of the information.

• Understand and agree that I will be legally bound, obligated, or responsible by my use of my electronic signature as I would be using my hand-written signature.

• Understand that I will automatically receive an e-mail receipt



### 38from the DEQ's EDRS for any submission that contains a valid electronic signature, identifying the document received, the signatory, and the date and time of receipt.

• Agree that I will contact the DEQ EDRS Administrator if I do not receive an e-mail receipt as specified above within five (5) business days for any submission to the DEQ's EDRS.

• Understand that I will have the opportunity to review the document submitted in a human-readable format and an opportunity to repudiate the electronic document based on this review.

• Understand that the DEQ' s EDRS will automatically reject any electronic document submitted without a valid electronic signature if such signature is required.

• Understand that the DEQ may contact the Immediate Supervisor or Company Official who signs below to authorize me as signatory for the company in order to verify my identity.

• Agree to notify the DEQ EDRS Administrator if I cease to represent the regulated entity specified above as signatory as
soon as this change in relationship occurs.

• Agree to retain a copy of this signed agreement as long as I continue to represent the regulated entity specified above as signatory of the company's electronic submissions.

Printed Name of Authorized Signatory:

Signatory's E-mail Address for EDRS correspondence:

Signature of Authorized Signatory

Official Title

Date:

Subscribed and sworn to before me this

, 20

-------------------------

My commission expires: NOTARY PUBLIC

39 day ofAUTHORIZATION BY IMMEDIATE SUPERVISOR OR COMPANY OFFICIAL

I,

, acknowledge that the individual named above works at/for and is authorized to submlt electronlc documents and act as Slgnatory for purposes of the DEQ's electronic document receiving system.

Signature of Immediate Supervisor or Company Official

Official Title:

Date:

Subscribed and sworn to before me this

, 20

-----------------------

NOTARY PUBLIC

My commission expires: day of

PLEASE MAIL THIS DOCUMENT AS SOON AS POSSIBLE TO:

Oklahoma Department of Environmental Quality Attn.: EDRS Coordinator Customer Services Division P.O. Box 1677 Oklahoma City, OK 73101-1677

40